LAW-30106 - Wills & Probate & Drafting
Coordinator: Mark Davys Room: CBC1.009 Tel: +44 1782 7 33224
Lecture Time: See Timetable...
Level: Level 6
Credits: 15
Study Hours: 150
School Office: 01782 733218

Programme/Approved Electives for 2023/24

None

Available as a Free Standing Elective

No

Co-requisites

None

Prerequisites

None

Barred Combinations

None

Description for 2023/24

A practical approach to the area of Wills and Probate practice. We shall consider the key issues regarding drafting and validly executing a Will. We shall also examine how to apply for a grant of representation and distribute an estate, together, the potential impact of inheritance tax, and possible claims under the Inheritance (Provisions for Family and Dependents) Act 1975
This will provide students with a foundational level of understanding of this area of practice and be helpful to students who wish to undertake future work as a paralegal, solicitor or CILEx especially in a Wills and Probate department.

Aims
This module will introduce students to a key area of legal practice. It will provide a foundational level of understanding of the practice of Wills and Probate. Studying this module will enable students to draft a basic Will.

Intended Learning Outcomes

determine whether a will has been validly executed: 2
advise on how to obtain a grant of probate: 2
interpret the provisions of a will and advise on the distribution of an estate pursuant to its provisions and the powers and duties of executors and trustees: 2
understand the implications of inheritance tax for estate planning and obtaining a grant of probate: 2
identify and evaluate potential claims against the estate under the Inheritance (Provision for Family and Dependants) Act 1975: 2
use precedents and succinctly and accurately draft a will or part of a will: 1
recognise professional conduct issues that may arise in legal practice in relation to this area of law and advise and act accordingly: 2

Study hours

Active Learning Hours
Seminars (10 x 2hr): 20 hours
Preparing for seminars (reading, watching videos, listening to audios, other activities): 60 hours
Reviewing and consolidating after seminars: 10 hours
Preparing for and completing the assignment: 18 hours
Review, revision and preparing for the Open Book Examination: 40 hours
Completing the Open Book Examination: 2 hours

School Rules

None

Description of Module Assessment

1: Assignment weighted 30%
Drafting Exercise
Students will be required to draft a basic will or part of a will or a codicil (500 words) and provide a brief explanation (500 words) to the client. Students will have to interpret the client's instructions and demonstrate the skill of drafting, which is a key skill in legal practice.

2: Open Book Examination weighted 70%
Open book examination
The examination will be divided into two parts. Part A (20%): 5 single best answer MCQ questions, reflecting the style of questions in the SQE examination and ensuring the assessment covers sufficient range of the topics considered in the module. Part b (80%) Problem based exercise requiring students to identify and advise on issues arising in one or more situation presented by a fictional client or clients. Students will have a 28 hour window to complete the exam although the active working time (not including preparation) is 2 hours.